Fillner contracted with Lane Supply, which in turn hired Perry Construction, Inc. (Perry), to install a canopy at the project site. On May 2, 2006, Jeffrey Tverberg fell into a hole at the project site, resulting in both physical and emotional injuries. *fn1 Jeffrey Tverberg alleged causes of action for negligence and premises liability; Catherine Tverberg pled a cause of action for loss of consortium. Finding that Fillner had established a complete defense to the Tverbergs' action, the trial court entered judgment for Fillner in November 2007. Furthermore, those assertions are supported by a declaration from a Fillner employee made under penalty of perjury, by a declaration from Jeffrey Tverberg made under penalty of perjury and by the deposition testimony of Jeffrey Tverberg himself.

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